If you suddenly find yourself in need of a criminal defense counsel, it's likely you’re overwhelmed by your options. A lot of firms will promise you results... but lack the qualities needed to actually secure them.
If you are facing a criminal case of any magnitude most judges are very understanding if you need the time to find a private. Find out some tips on getting the court to postpone your arraignment.
Do You Value Your Life? Freedom? Family? Livelihood? A Criminal Conviction Can Do Away With All of Those Things. However, Coimbra Law Can Defeat Your Criminal Charges. CALL OUR EFFECTIVE AND EXPERIENCED ATTORNEYS RIGHT NOW. About Our Attorney Our West Covina Criminal Defense Lawyer, Lorgio Coimbra, is an extremely experienced and aggressive advocate for his clients. He has an abiding compassion and understanding for his clients, no matter what walk of life, economic situation or the seriousness of your charges. We have obtained win after win for clients. Our fees are very affordable. Unlike with many of our competitors, there are no hidden costs or fees. Honest, up-front attorneys will assess your situation. Also, we offer payment plans. Hablamos español. Nuestro abogado es tambien abogado de inmigración con experiencia de mas de 10 años en ese ramo de ley. Don't Wait...Criminal Charges Get Worse, Not Better If You Don't Act A California conviction of any kind, a misdemeanor or felony, can devastate your life in many ways, including, but not limited to, lengthy incarceration, burdensome probation obligations, stiff monetary penalties, loss of employment or, if you are not a citizen, deportation from the United States. These things can throw your entire life into disarray. Fortunately, our West Covina Criminal Defense Law Firm, the Coimbra Law Firm can protect you against these very ugly, life-changing repercussions. NOW is the time for you to ACT. CALL US IMMEDIATELY
What happens at a preliminary hearing?’ The preliminary hearing takes place after your arraignment and is only heard in a felony case (with the caveat explained below). The preliminary hearing is also known as a “prelim” – for short – or a probable cause hearing. Depending on the number of witnesses and complexity of the issues involved, the hearing can last as little as twenty minutes to multiple hours. The hearing must generally occur within ten days of the arraignment or plea (whichever takes place later); however, usually, the defendant will waive his or her right to go to a preliminary hearing within ten days and have the case heard as an “early disposition proceeding” or “EDP.” This gives your attorney as well as the prosecutor the opportunity to resolve the case without the necessity of going forward with the case (i.e., plea bargain). However, oftentimes no such resolution takes place prior to prelim and/or your attorney may first want to conduct the preliminary hearing to test the strengths and weaknesses of the prosecutor’s case against you. A good attorney can upset the prosecutor’s case by impeaching the credibility of his or her witnesses, allowing your lawyer to get leverage to negotiate a resolution that is more favorable to you in the long run. After a prosecutor has filed a felony criminal complaint at the West Covina courthouse (or any other California Superior Court, i.e., Kern County Superior Court), the court will hear evidence aimed at demonstrating t
A misdemeanor is a crime which the courts can punish with up to one year in the County Jail and a fine of up to $1000. In practice, where jail is not imposed, courts will impose what is known as "summary probation" or "informal probation," where you agree to obey all laws and follow any other applicable terms and conditions. For example, a first or second offense DUI, petty theft and simple assault are examples of misdemeanors, although there are many, many others. Even if you do not serve a day in jail, a misdemeanor conviction alone can be very destructive. You will be saddled with a permanent criminal conviction on your record. If possible, it is best to avoid any conviction whatsoever, misdemeanor or otherwise. An experienced and skilled criminal defense attorney who knows the courts can help you avoid a conviction or help minimize it's consequences.
Under California law, there are three separate types of crimes: felonies, misdemeanors and infractions. This video concentrates on felonies. What is a felony? In the state of California, a felony crime is one that carries a maximum sentence of more than one year, whether in a California state prison or county jail (ever since a AB109 realignment). In certain cases, a felony is a capital crime punishable by death but, more frequently, life in prison. Crimes which are always felonies, that is, not "wobblers" which can also be filed as misdemeanor charges, include murder, a violation of California Penal Code 187a PC, rape, a violation of California Penal Code section 261 PC and sale of a controlled substance, a violation of California Health and safety code section 11352 HS. However, there are many other crimes that are straight felonies not herein listed. Crimes which can be but are not always charge this Felonise include forgery, violation of California Penal Code section 470 PC, simple possession of hashish or concentrated cannabis, and domestic violence, violation of California Penal Code section 273.5 PC. generally speaking, a California felony is punishable by imprisonment for one of the following "terms", i.e., low term, mid-term and high term. Generally speaking, if you're convicted of a California felony, you will be given the midterm unless there are factors which could justify a low term, i.e., mitigating facts, or hi term, i.e., aggravating factors. for exampl
Bail is money that is collected from a defendant in order to secure your attendance at court proceedings. This gives the defendant an incentive to make all court appearances or he risks losing the money he posted. Generally speaking, bail is usually paid through a bail bondsman in the form of a premium, usually anywhere from 8 to 10 percent. In other words, the bail bondsman fronts the bail amount to the court and you pay him a premium for this service. To ensure they don't lose their money, for example, many bail bondsmen require you to post collateral, such as a car, expensive jewelry, so that, if you "bounce" or "skip town," they will have something to sell and make up for the money they lose IF you forfeit your bail by absconding or abandoning your court case. What is bail? Bail is an amount of money that is paid or fronted to help assure that you (the accused, the criminal defendant) will appear at your court case proceedings (i.e., appear at your court hearings). You or your surety (also known as the bail bondsman) tenders a payment or puts up collateral (like your car or house), and then this money, real property or fungible good is forfeited if you fail to appear or show up in court. The problem with cash bail is that the majority defendants are relatively moderate to low-income, preventing them from being able to post the bond because it is simply out of their economic reach. Enter “bail bondsmen.” These bail bonds companies or suretyships receive a percent
The issue of bail can be a extremely sensitive issue in court and often has to be addressed at a Bail Hearing. The court may have set bail that is too high, making it impracticable or impossible for you even to come up with the premium. If bail is $1,000,000, you would have to post a premium of anywhere from $80,000 to $100,000. Not many people have that much money just laying around. And if you cannot pay the premium and have a bail bondsman post bond for you, the court would simply remand you into custody. You would be spending time in county jail, such as the Men's Central Jail in Downtown Los Angeles or the Pitchess Detention Center in Castaic, throughout the duration of your case. If your case is serious and requires extensive preparation or there is some delay caused by any variety of reasons, you may be sitting in a cell for months, even years while your case drags on. And this is even BEFORE you are ever convicted! Another wrinkle or complication in this whole affair may be that the prosecutor or the court suspects that the source of your bail, the funds that allowed you to post the premium, is ill-gotten, that it is the byproduct of criminality. This is known as suspicious bail. So that even if you DO post bond, you are remanded into custody and a hearing is set during which the whole issue is resolved. The GOOD NEWS is that an experienced criminal defense attorney can help you stay OUT OF CUSTODY throughout the duration of your case. If the court wants t
Do You Value Your Life? Freedom? Family? Livelihood? A Criminal Conviction Can Do Away With All of Those Things. However, Coimbra Law Can Defeat Your Criminal Charges. CALL OUR EFFECTIVE AND EXPERIENCED ATTORNEYS RIGHT NOW. About Our Attorney Our West Covina Criminal Defense Lawyer, Lorgio Coimbra, is an extremely experienced and aggressive advocate for his clients. He has an abiding compassion and understanding for his clients, no matter what walk of life, economic situation or the seriousness of your charges. We have obtained win after win for clients. Our fees are very affordable. Unlike with many of our competitors, there are no hidden costs or fees. Honest, up-front attorneys will assess your situation. Also, we offer payment plans. Hablamos español. Nuestro abogado es tambien abogado de inmigración con experiencia de mas de 10 años en ese ramo de ley. Don't Wait...Criminal Charges Get Worse, Not Better If You Don't Act A California conviction of any kind, a misdemeanor or felony, can devastate your life in many ways, including, but not limited to, lengthy incarceration, burdensome probation obligations, stiff monetary penalties, loss of employment or, if you are not a citizen, deportation from the United States. These things can throw your entire life into disarray. Fortunately, our West Covina Criminal Defense Law Firm, the Coimbra Law Firm can protect you against these very ugly, life-changing repercussions. NOW is the time for you to ACT.
California Criminal Convictions That Will Result In Your Deportation If you are not a US citizen, a conviction for certain California criminal offenses will trigger your deportation (that is, your physical removal) from the United States. If a court convicts you for any one of these deportable crimes, US Citizenship and Customs Enforcement (ICE) will remove you from the United States whether or not you have lived in this country for a significant period of time or how deeply-established your roots in the US have become. Among the significant categories of deportable California crimes are: “Crimes Involving Moral Turpitude,” (or CIMT for short) Aggravated Felonies (though they may not literally be felonies in California) Crimes dealing with controlled substances (drug crimes) Gun offenses, also known as firearms offenses, and Domestic violence offenses. DOES YOUR ATTORNEY KNOW WHAT HE’S DOING? Defending a noncitizen against California criminal charges is very delicate given the potential immigration repercussions that a criminal case can bring to bear. If a noncitizen defendant is lucky, he or she will receive a sentence that includes probation or even some incarceration...so long as it does not result in REMOVAL from the United States. That’s the tricky part. It’s important for a criminal defense attorney with an immigration background to defend your case. Prior to starting his criminal defense practice, Attorney Lorgio Coimbra worked for many years as an Imm
The general rule, enshrined in the Fourth Amendment to the US Constitution (and applicable to the states by way of the Fourteenth Amendment, i.e., “selective incorporation doctrine”) is that the police must have obtained a warrant from a judicial magistrate supported by an oath or affirmation of a belief in probable cause that a crime was committed and the person whom the police are interested in searching is the person who committed the crime (i.e., and the instrumentalities or fruits of the crime will be found with that person). In other words, Americans are supposed to be free from unreasonable searches and seizures. An intelligent and strategic criminal defense attorney will challenge any warrantless search lacking probable cause. Evidence that the police obtain by a search or seizure that violates the Fourth Amendment is inadmissible in court. Mapp v. Ohio (1961) 367 643, 655. However, like most rules, it is riddled with “exceptions.” In fact, through the decades, the Supreme Court has carved a variety of exceptions to the so-called “warrant requirement” encapsulated in the Fourth Amendment that make the latter look like the proverbial slice of “swiss cheese.” Absent a warrant, a search is only deemed reasonable if it falls among these “exceptions.” Riley v. California (2014) 134 S.Ct. 2473, 2482. CHALLENGING A SEARCH WARRANT AS DEFECTIVE Let’s examine the situation where the police have a warrant and your attorney is interested in challenging it’s validity. To be
If you have an ongoing criminal case, you need to consider whether it is in your best interest to resolve your case before it goes to trial or whether you should have your case heard before a jury. (Although you may ask to have a judge hear your case in a “bench trial,” this article will only cover jury trials). A jury trial can carry a higher reward (total acquittal of your charges) but it carries a correspondingly high risk. What Happens at Trial? At trial, a jury will determine whether the prosecutor has established your guilt for a crime. The prosecutor must demonstrate that your conduct met all the “elements” of a particular crime. For example, if you are charged with burglary, a violation of California Penal Code Section 459, the prosecutor has to show that you entered some residential structure (1st degree burglary) or commercial building (2nd degree burglary) with the intent to commit a felony or theft crime once you got inside. The jury will determine whether your conduct amounted to burglary in view of these components of the crime. Your attorney will put on a defense, for example, that you entered a structure but you did not do so with any intent to commit any crime once you got in. If the jury believes the prosecutor has shown that your conduct met the elements of the offense, you will be convicted. If the jury believes your version of the events, specifically, that you lacked the intent to commit a theft crime or a felony, you will be acquitted even though y
Did you know that if the police LIED in your case or VIOLATED your FOURTH AMENDMENT RIGHTS that we can motion the court to force the police to give up their RECORDS on the investigating or arresting COP? And that we can use this information to fight the case at TRIAL?
f you have been convicted of a crime, you may feel that your situation is irreversible, that nothing can be done to undo the damage created by uttering the words “guilty” or “no contest” or that your conviction at trial cannot be undone. However, many times, this is actually NOT the case. Depending on your situation, you may actually be able to VACATE your conviction. Let’s look at the various ways: - Motion to Withdraw Guilty Plea: There are many circumstances under which you can motion the court to WITHDRAW your plea of guilty. Generally, this must take place BEFORE you are sentenced for the crime and you must demonstrate good cause. - Motion to Vacate Your Plea: If there was constitutional deficiency in the proceedings, for example, if your then-attorney failed to properly advise you of the direct consequences that your plea would produce (for example, that you would have to register as a sex offender; that you would have to register as a narcotics offender; that you would have to submit to search and seizure by the police at any time, day or night), then our California criminal defense attorneys can motion the court to consider the lack of adequate counsel (Sixth Amendment violation) and vacate your guilty plea. - Motion Error Coram Nobis: This is essentially a type of motion to vacate plea. Here, we look for some error in the proceedings, for example, the court failing to adequately advise you of the consequences of your plea. This frequently happens where the court